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282 Matching News Items

1. 
The New Fiduciary Rule, Part 32: The DOL’s Final PTE 2020-02
FredReish.com Link to more items from this source
May 14, 2024
"To obtain the protection of PTE 2020-02, four categories of 'conditions' must be satisfied.... This article [covers] the conditions that are effective on September 23 of this year.... [1] The Impartial Conduct standards: care obligation; loyalty obligation; reasonable compensation limitation (including best execution, if applicable); [and] no materially misleading statements (including by omission). [2] The Fiduciary Acknowledgement Disclosure."
2. 
The New Fiduciary Rule, Part 31:The DOL’s Final Fiduciary Definition Compared to the Proposal
FredReish.com Link to more items from this source
May 9, 2024
"A quick comparison reveals that the most significant change is in the additional requirement that the recommendation must reflect the application of professional or expert judgment to the retirement investor's particular needs or individual circumstances."
3. 
The New Fiduciary Rule, Part 30: The One-Time Recommendation Definition
FredReish.com Link to more items from this source
May 2, 2024
"[T]here will be lawsuits filed to challenge the fiduciary definition. One of the claims will be that the new definition is, as a practical matter, the same as the fiduciary definition for one-time advice in the Obama-era regulation which was vacated by the Fifth Circuit Court of Appeals in 2018. Let's look at the Obama-era definition and the new one. Then you can decide if they are substantially the same."
4. 
The New Fiduciary Rule, Part 29: The Final Rules Have Arrived
FredReish.com Link to more items from this source
Apr. 29, 2024
"The expanded definition of fiduciary advice in the regulation will cause many more people and firms to be fiduciaries when they make investment recommendations to retirement investors. The most important definition is the one for non-discretionary recommendations."
5. 
The New Fiduciary Rule. Part 27: Changes to PTE 2020-02 Affecting Financial Institutions
FredReish.com Link to more items from this source
Apr. 8, 2024
"The proposed changes to PTE 2020-02 are limited, but at least two of them should be concerning to the broker-dealers, investment advisory firms, banks, and insurance companies who will need to rely on the PTE. The first of those is the requirement to file the Form 5330 for failures that are not corrected promptly.... The changes to the eligibility provisions are concerning to many financial institutions."
6. 
The New Fiduciary Rule, Part 26: Changes to PTE 2020-02 Affecting the Advisor
FredReish.com Link to more items from this source
Apr. 1, 2024
"[T]he most significant change for PTE 2020-02 is not the changes to its provisions, but that many more recommended transactions will need the relief provided by PTE 2020-02. The impact on individual advisors -- 'investment professionals' -- appears to be minimal…primarily additional disclosures. Once the disclosures are developed, the new work due to the changes should be largely done. From then on, the disclosures just need to be delivered…and possibly explained."
7. 
The New Fiduciary Rule, Part 25: Robo Advice and Robo Conflicts
FredReish.com Link to more items from this source
Mar. 26, 2024
"When pure robo advice (no human directly involved) or hybrid robo advice is given, if it satisfies the regulatory definition of fiduciary advice, the financial institution will be a fiduciary under ERISA (if to an ERISA plan or a participant in such a plan) and subject to ERISA's duties of prudence and loyalty. If robo advice generates a fiduciary recommendation that is conflicted, the conflicted amount (e.g., commissions, management fees) will be a prohibited transaction under ERISA and the Code, which would necessitate compliance with the conditions of a prohibited transaction exemption (PTE)."
8. 
The New Fiduciary Rule, Part 24: The DOL Fiduciary Rule Requires a Recommendation. What Is That?
FredReish.com Link to more items from this source
Mar. 21, 2024
"Generally speaking, ... if an advisor is saying, explicitly or implicitly, that a particular investment or strategy is appropriate for a retirement investor, it could be viewed as a recommendation, thereby invoking the fiduciary standard and the prohibited transaction rules. Since this an objective standard, it could be described as whether a reasonable person, observing a conversation between an advisor and a retirement investor, would believe that a recommendation had been made to, e.g., purchase a particular investment or pursue a particular strategy."
9. 
The New Fiduciary Rule, Part 23: The Final Rule Has Been Sent to the OMB
FredReish.com Link to more items from this source
Mar. 11, 2024
"In a little over 2 months, the DOL finalized its proposed fiduciary rules ... That 2-month turnaround is very fast as compared to the usual time frames ... The OMB has up to 90 days to review rules, but this suggests that its review could be done in 45 days, give a week or two. While we know that the final rule is at the OMB, we don't know what it says or how it changed from the proposals."
10. 
The New Fiduciary Rule, Part 22: Can Wholesalers Become Fiduciaries?
FredReish.com Link to more items from this source
Mar. 7, 2024
"When a wholesaler becomes a fiduciary to a plan or an IRA, and the recommendation is made by the advisor or agent to and accepted by the IRA investor or plan fiduciary, there will likely be a prohibited transaction due to the wholesaler's firm making money on the investment or insurance product. Where a wholesaler prohibited transaction occurs, an exemption (PTE) will be needed, most likely PTE 2020-02."

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